HASNAIN RAZA vs LAHORE HIGH COURT, LAHORE arts — 2022 PLD 7 SUPREME-COURT

Case information

Citation: 2022 PLD 7 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: HASNAIN RAZA vs LAHORE HIGH COURT, LAHORE arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HASNAIN RAZA VS LAHORE HIGH COURT, LAHORE arts. 189 & 201---Vertical and horizontal precedents---Distinction and binding effect---Judicial effrontery---Effect---Judicial precedents may be classified into two categories: vertical and horizontal precedents---Vertical precedents meant the decisions of a higher court, and horizontal precedents meant the decisions of the same or coordinate court---all courts were absolutely bound by the vertical precedents of a higher court---Such binding tie was often said to be a matter of owing obedience---articles 189 & 201 of the Constitution also reinforced the binding effect of the vertical precedents---Judges were therefore obliged to follow a vertical precedent even when they disagreed with it; this ensured a degree of national uniformity in judicial decisions---Judges had little room to decide how much weight or value was to be given by them to that precedent---Precedent of the apex Court of the country must be followed by all other courts of the country who owed unflinching fealty to its decisions under the Constitution---Ignoring or refusing to follow the controlling precedent of the Supreme Court amounted to judicial effrontery, offended the constitutional mandate, and weakened the public confidence in the decisions of the apex Court of the country---Furthermore a higher court generally adhered to horizontal precedents - its own earlier decisions - but it may depart from or overrule any of its own decisions by sitting as a larger bench if there was a compelling justification to do so.

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